Wills_of_the_Past.html

Folk Finders

ills of the Past

From: The River Counties

1   JOSEPH CONRAD
March 25,1908--Conrad, Joseph, first will recorded in Montgomery County; it was recorded April of 1796, executor Nicholas Conrad, his uncle.

From: Montgomery County, Tennessee Wills & Administrations

2   ROBERT EDMONDSON
Will Book a, Page 31
Will of Robert Edmondson, deceased
In the name of God, Amen. I, Robert Edmondson, being weak in body but of sound mind and memory, do make this my last will and testament. After recommending my soul to God Almighty, who gave it, and my body to be buried in a Christianlike manner, do dispose of all my worldly estate in the manner and form following, to wit: 1st, I give and bequeath to my beloved Archibald Edmondson, sixteen dollars and seventy-five cents. 2nd, I also give and bequeath to my beloved wife, Cathrain, two hundred acres of land off the north end of the tract of land whereon I now live, including all the improvements on the North side of the creek, during her natural life or widow hood, and after her decease, to be given to my beloved son, Robert Edmondson. 3rd, I give and bequeath to my two sons, John and James Edmondson, the mill with six acres of land, including the said Mill to be equally divided to their use forever. 4th, I give and bequeath to my beloved son, John Edmondson one hundred and seventeen acres of land on the south side of the Creek known by the name of Parsons Creek, to adjoin the one hundred acres already deeded to the said John Edmondson. 5th,I give and bequeath to my beloved son, James Edmondson, two hundred and seventeen acres of the same tract on the south side of said creek to him and his heirs forever, and if any of these my said sons, should die without heir, their part to the equally divided between the surviving heirs. 6th, I give and bequeath to my beloved wife, two cows and calves and the black horse Whynot and a nice bay mare three years old, and the yearling colt, a dark bay with a star in the forehead to her during her natural life or widowhood, and after that, to return to my son Robert. Also one bed and furniture to be divided after her death between my four daughters, to wit, Roseannah, Jean, Suannah and Ann. The rest of my stock of horses, cattle, sheep and hogs, with the residue of my household furniture, to be sold and equally divided between my five daughters with a discount of two cows and calves and mare and colt already given to my daughter, Cathrine, at their valuation which sum is to be deducted out of her part of the stock. Also the farming tools, to wit, two plows and one lot of gears to be left with the farm for the use of my wife Cathrine, during her life or widowhood, afterwards to be sold and divided between my five daugters, with the shop tools to be sold and equally divided between my five daughters. Also that part of my estate left to me by my Mother in Pennsylvania. After deducting the necessary expenses for going for it, to be equally divided between my five daughters. Last of all, I appoint m beloved wife, Cathrine and my two sons John and James Edmondson, my Executors of my said will and Testament. In witness where of I set my hand and affixed my seal this 27th day of April in the year of our Lord. 1799
Test:
David Beale
George Nevil

From: Montgomery County, Tennessee Wills & Administrations

3   THOMAS RAIBOURN
Will Book A, Page 37
Will of Thomas Raibourn, deceased
In the Name of God, Amen. I, Thomas Raibourn of Montgomery County and state of Tennessee, being very sick and weak, but of sound and perfect mind and memory, blessed be God, calling to mind the mortality of my body and knowing that it is appointed that all men are to die, do resign my body to the earth and my soul to God who gave it, with sure and certain hope of a glorious resurrection through the Blood and merits of a blessed Redeemer. And as to the worldly goods which God has been pleased to bless me with, I dispose of in manner and form following. To wit, My will is that all my just debts be first paid. Item, My will is that at the expiration of fifteen years from the day of the date hereof, my negro man Daman be emancipated and set free. Item, I give and bequeath to my son, John, a negro woman named Mary to him and his heirs forever, tho my will is that my beloved wife, Rebeca, retain the possession of him the said negro man during her widowhood. Item, I give and bequeath to my daughter, Candice, one negro girl names Philis to her and her heirs forever. Item, my negro girl Fann until my son, Noah, arrives to the age of twenty-one years, then I give and bequeath the said negro girl Fann to my son Noah, to him and his heirs forever, and the increase of the said negro Fann, if any at that period, to be equally divided amongst my following children, to wit, Coly (Howel Adam) Thomas Payton, Benjamin Berryman and the child my wife Rebecca is now grate with. Item, my will is that my beloved wife, Rebecca, retain possesion of my negro woman Dilce during her natural life and at her decease, I give and bequeath the said negro woman Dilce and her increase, to my following children, to wit, Coley (Howel Adam), Thomas Payton, Benjamin Berryman and the child my beloved wife is now grate with, to be equally divided amongst them and to them and their heirs forever. Item, My will is that my beloved wife retain possession of two hundred acres of land including the house and plantation I live on, to be laid off on the West boundary of the tract of land I now live on and after her decease, I give, bequeath and divise to my surviving children and their heirs jointly, the said two hundred acres of land to be divided amongst them to them and their heirs forever. Item, My will is that my Executors furnish to each of my children, one cow and calf to be paid to them as they arrive to full age or intermarry. Item, I give and bequeath to my son John, one rifle gun to him and his heirs forever. Item, I give, bequeath and to my surviving children and their heirs four hundred and forty acres of land, the residue of the tract of six hundred and forty acres I now live on, after laying off two hundred acres to my beloved wife Rebecca, to be equally divided amongst them at the discretion of my Executon and if they think it advisable to sell the said land on two years credit, and the money arising from the sale of the same, to be put to use and paid to my said children in equal proportion as they arrive at full age or intermarry. Item, my will is that my beloved wife Rebecca, retain possession of all the residue of my estate, real and personal, during her natural life and after her decease, I give and bequeath the same to my surving children and their heirs, to be equally divided amongst them, to them and their heirs forever. Lastly, I nominate, constitute and appoint my beloved wife Rebecca, Executrix, and my trusty friends Howel Adams and John Stewart, Executors of this my last will and Testament, hereby revoking and disanulling all other wills. In witness whereof, I have hereunto set my hand and seal this 14th day of August 1799
Witness:
John Hogan
Joseph Davidson
Keziah (X) Green

From: Montgomery County, Tennessee Wills & Administrations

4   GEORGE NEVILL
Will Book A, Page 56
Will of George Nevill, deceased
In the name of God Amen. I, George Nevill, being weak and low in body, but of a sound and perfect mind and memory, do make this my last will and testament. After paying all my lawful and just debts, and my body to be buried in a Christian manner, do dispose of my estate in the following manner, to wit, It is my will and desire that my beloved wife, Rachel Nevill shall have the use and benefit of the whole of my estate, both real and personal, during her lifetime. I give and bequeath unto my son, Joseph B. Nevill, one negro man named Syphax. Also five hundred dollars of the money due me at the Natchez if ever received. I give and bequeath unto my son, George W. Nevill, seven hundred dollars to be paid out of the money due me from the Natchez if ever received, but in case of failure, I give him, my said son George Nevill, my negro man Adam, after the death of my beloved wife. I give and bequeath unto my son, John Nevill, six hundred and forty acres of land, the place wherein I now live. Also a negro boy named Lewis, with five hundred dollars of the moneys due me at the Natchez, with one feather bed and furniture. After the death of my beloved wife, the residue of the household property and negroes, stock of all kinds to be equally divided between my son, George W. Nevill and four daughters, to wit, Violetty Pollock, Sophia Owens, Rachel Williams, and Mariam Whitfield, out of which last division mentioned it is my will and desire the the sum of one hundred dollars be raised and paid unto my granddaughter, Rachel Whitfield. It is also my will and desire that after the death of my daughter Violetty Pollock, that all that part of my estate given to her, my said daughter Violetty, shall descend to her children by an equal division, five in number, George Pollock, Presly Pollock, John Pollock, Demarius Travis and Letty Lyne. I lastly constitute and appoint my three sons, Joseph B. Nevill, George W. Nevill and John Nevill, Executors to this my last will and testament. Witnessed in the presence of:
Walter Wyatt
John Davidson

From: Montgomery County, Tennessee Wills & Administrations

5   JOHN DIKUS
Will Book A, Page 73
Will of John Dikus, deceased
In the name of God Amen. I, John Dikus, of Montgomery County and State of Tennessee, being of sound and perfect mind and memory, blessed be God; do this 19th day of May in the year of our Lord 1812, make and publish this my last will and testament in manner following, that is to say,It is my will and desire that all my just debts to be paid. Second place, I give and bequeath unto my beloved wife, Sary Dikus, all my lands, stocks of every kind and all my household furniture, and every other piece of property I have, until my son, Hugh Dikus comes of age; then my desire is that my beloved wife shall give my son Hugh Dikus, a horse and saddle to be worth one hundred and thirty-five dollars, on consideration that if my son, Andrew Dikus, should pay forty-nine dollars to my estate within three years, then my desire is that my Executors shall make him a deed to sixty-five acres of land to include said Andrew Dikus' improvement. I have given to my four oldest sons, Andrew Dikus, John Dikus, James Dikus and Edward Dikus, a horse and saddle worth one hundred and thirty-five dollars as their portion. I have given to my two daughters, Mary McNichols and Nancy Watwood to the amount of thirty dollars apiece in property as part of their portion. It is my desire that my wife, Sary Dikus, shall have all the above mentioned property for her lifetime and after her death, the whole of the property to be sold and all the rest of my children to be made up equal to my first five eldest son, which we suppose to be worth one hundred and thirty-five dollars a piece. Also if any of my children should marry that has not got their portion and my wife, Sary, can spare them any part of their portion that she shall give them whatever she can or sees proper. Also should there be more property than will make each child equal to the five portions going to my five eldest sons, my desire is that it shall be equally divided amongst all my children, and I hereby make and ordain my worthy wife, Sarah Dikus and my sons Andrew and John Dikus, Executors of this my last will and testament. In witness whereof, I the said John Dikus have to this my last will and testament, set my hand and seal the day and year above written.
Test:
B. Whitfield
William White
William Treadwell
William Farmer

From: Montgomery County, Tennessee Wills & Administrations

6   RALPH MILLER
Will Book A, Page 131
Will of Ralph Miller, deceased
In the name of God, Amen. I, Ralph Miller of the county of Montgomery and state of Tennessee, being of sound and perfect mind and memory (blessed be God) do this twenty-second day of January eighteen hundred and one, do make and publish this my last will and Testament and in the manner following, viz, I gave and bequeath unto my beloved wife, Elizabeth Miller, all my negroes, horses, cattle, and stock of every kind, that I now possess with a free priviledge of enjoying the full benefit of all the possessions whereon I now live, during her natural lifetime. It is further to be observed and understood that the said Elizabeth, my wife, is to possess and enjoy all and every part and parcel of my estate, both real and personal, during her said lifetime, and after her decease, I give and bequeath unto my beloved son, James Miller, the whole of the tract of land whereon I now live, with all and singular the improvements and immoluments, thereunto belonging. Likewise it is my desire that all my negroes be equally divided at the decease of my wife, amongst my children. First Betsey Miller, Nancy Miller, Mary Marshal, John Miller, Lucinda Hibbs, James Miller, Frances Miller, Sarah Miller, observing all those of my children who have any of my stock of negroes in their possession are to deliver into the original stock, all such negroes with their increase that may be alive at that time, of such division to be enjoyed by the heirs of their bodies from and after the time of said Division, as their proper right, title, interest and all such increase to be equally divided as the rest of the stock of negroes. Likewise I give and bequeath to my three youngest children, that is James Miller, Frances Miller, Sarah Miller, my three beds with the furniture, thereunto belonging at the decease of my wife or sooner if she sees proper, and the remainder of my household furniture to be left to the disposal of my wife at her decease. Likewise my stock of horses, cattle, hogs, etc. to be equally divided between my three youngest children before mentioned and I hereby make and ordain my worthy friend, Joseph Barget Nevill and A. Bird, Executors of this my last will and Testament. In witness whereof, I the said Ralph Miller, have to this last will and Testament set my hand, seal the day and year above written.
Witness:
Richard Manly
Hamblin Manly
B.W. Pollock

From: Montgomery County, Tennessee Wills & Administrations

7   CHARLES BRANTLEY
Will Book A, Page 180
Will of Charles Brantley, deceased
In the name of God, Amen. I, Charles Brantley of the county of Montgomery and state of Tennessee, planter, being sick and weak of body, but of perfect mind and memory and do make this my last will and Testament in the manner and form as followeth. I recommend my soul to God in hopes and my body to the decently buried, and for my worldly goods which God hath been pleased to bless me with, I leave in the manner following, thatis to say, after my just debts are paid and funeral expenses and debts collected, I give and bequeath to my daughter Sarah, one two year old brown filly and two cows. I give to my son Thomas, one dark bay mare known by the namme of Hederate and two cows. To my three above named children, I order to be valued as soon as they are got from the range and they shall stand charged with the whole of my estate is divided and there an equal division to take place among the whole of my children. I order that the plantation whereon I now live shall remain in the hands of my five eldest children, to keep house on. Also five negroes, to wit, Dinah, Harry, Isam, Violet, and Judge and for the support of all my children until my son William becomes Twenty-one years of age. Then I desire that my land and plantation and the above named negroes and their increase, if any, they shall be sold. I also order that the whole of my horses, cattle, hogs and sheep not heretofore bequeathed, together with household furniture, farming untensils and firearms be sold, the money arising from such sale to pay outstanding debts. When collected shall be put out on interest and to remain on interest until my son William is twenty-one years of age. Then I order the whole of my property to be equally divided among all my children, the proportion coming to my four youngest children, I order to put out on interest and that they shall receive their different legacies as they become of age, and I do hereby appoint Hugh F. Bell and James Stewart, my Executors to this my will, revoking all other wills or testaments and allowing and acknowledging that this only is my last will and testament. In February one thousand eight hundred and three
Test:
John Stewart
John Hill

From: Montgomery County, Tennessee Wills & Administrations

8   JOSEPH MCCORKLE
Will Book A, Page 181
Will of Joseph McCorkle, deceased
In the name of God, Amen. I, Joseph McCorkle of Montgomery County nad state of Tennessee, being very weak and low in body, but of perfect mind and memory and considering that it is appointed to man once to do, do constitute and ordain this my last will and testament, viz. First, it is my will and desire that my executors, out of my Estate, should discharge all my just debts. Secondly, it is my will that my Executors should sell fifty acres of land on Harpeth and as much of my property where I now live as will buy one likly negro woman, which I give to my wife, Fanny, to her and her heirs forever. Thirdly, I give also to my loving wife Fanny, one mare, the choice out of three, saddle and bridle, one feather bed and furniture, two sows and pigs to her and her heirs forever. Also I give to my daughter, Mary McCorkle, one feather bed and furniture, one saddle and bridle, two cows and calves, when she should marry or arrive to the age of twenty-one years, to her and her heirs forever. Fourthly, it is my will that my loving wife Fanny, during her natural life or widowhood for the support of her, my loving wife and children. I also leave it in my wife's power to give what she thinks proper to my daughter, Mary McCorkle. Also to my son, John McCorkle and Joseph McCorkle and Gerry McCorkle at any time. Fifthly, it is my desire that my personal estate at my wife's death or marriage, to be equally divided between all my children, execpt my land and that is to be equally divided between my two sons, Johnn McCorkle and Joseph McCorkle, to them and their heirs forever. Sixthly, I do hereby appoint my loving wife Fanny McCorkle and Abner Harris, my whole and sole Executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this 17th day of February in the year of our Lord one thousand eight hundred and three
Test:
William Corban
Sally (X) Gayner

From: Montgomery County, Tennessee Wills & Administrations

9   JOHN GAINER
Will Book A, Page 182
Will of John Gainer, deceased
In the name of God, Amen. I, John Gainer of the state of Tennessee, Montgomery County, being very sick and weak in body, but of perfect mind and memory and calling to mind the mortality of my body and that it is appointed once for all men to die, do make and recommend my soul into the hands of Almighty God, who gave it and my body to the earth to be buried in a decent Christian burial at the discretion of my Executors and as toughing my worldly estate, I bequeath in manner and form following, and first I give and bequeath to my beloved wife, Sally Gainer, one feather bed and furniture, one poplar chest and flax wheel, to her and her heirs forever. Also I do lend to my beloved wife Sally Gainer, during her natural life or widowhood, one hundred acres of land whereon I now live. Also all my household furniture except one good feather bed and furniture. Likewise all my stock of every kind except two cows and calves, one negro fellow by the name of Cuff, one negro wench by the name of Jude, allowing the negro fellow to be hired out in order to get money to pay a balance due for my land between eighty and one hundred dollars, and after her decease or marriage, to manage at the discretion of my executors, equally amongst my four children, viz, Polly, Samuel, John and Jesse. Now, I give and bequeath to my daughter Polly Gainer, one good feather bed and furniture, two cows and calves and a negro girl by the name of Chaney and her increase to her and her heirs forever. And now I constitute my friend, Shadrach Trebble and Sally Gainer, my wife, an Executors, whereunto I have hereunto set my hand and affixed my seal this 16th day of March eighteen hundred and three

Witness:

John Cooper
John Trotter

From: Montgomery County, Tennessee Wills & Administrations

10   PETER COCKE
Will Book A, Page 198
Will of Peter Cocke, deceased
In the name of God, Amen. I, Peter Cocke of the State of Tennessee and County of Montgomery, being in perfect mind and memory, do constitute and ordain this to be my last will and Testament in writing, that is to say, First it is my desire to at all my just debts should be paid out of my estate. Second, to my son Stephen Cocke, my negro man named David, for his part of my property, as he has received his part of land. Thirdly, to my son John Cocke, I do give my negro named Jean and her child and increase, for his part of my property, as he has received his just part of land. Fourth, to my son James Cocke, I do give my two little negro boys named Ned and Charles, for his part of my property, as he has received his part of land. Fifthly, to my daughter, Elizabeth Coffey, I do give my negro woman named Sally and my negro girl named Sarah to her son Henry, to give to him, his heirs. If he should die under age, her and her increase to be sold and equally divided amongst his brothers and sisters. Likewise, I do give my daughter Patsy, my negro wench, Lucky and her child and increase, for her and the heirs of her body lawfully gotten. And to my son, Abraham Cocke, I give one hundred acres of land where he now lives, adjoining Stephen Cock's and running down Stephen Cock's spring branch meanders to the river for to be the upper line. Also to my son William B. Cocke, I do give my negro named Nance and one hundred and fifty acres of land lying on the upper side of Abraham's one hundred acre survey. Also to my son Benjamin Cocke, to have the balance of my land lying above Stephen and Abraham Cock. And likewise, I do give my son William Biggers Cocke, the plantation where I now live with two hundred acres, beginning at Stephen Cock's old place. And likewise to my son Heartwell, I do give all the balancing of the land adjoining my plantation. I also appoint Stephen Cocke to divide the land between the boys. And likewise, to my two daughters Susannah Jordan and Nancy Jordan, I do give ten dollars each for the part of my property. And unto my beloved wife, I do bind my negro woman named Fanny and her child to her, her lifetime. And the balance of my negroes, Abraham, Delph, Jesse, Hal and Mill and the plantation to support and raise the children on during her life or widowhood, and at her death or marriage, the balance of these negroes named Abraham, Delph, Jesse, Hal and Mill to be sold and equally divided amongst the three youngest boys, and at her death, Fanny and her increase to be sold and divided, kept together to raise and school the children on, and when they do come to age or the death or marriage of their mother, the property that is the stock plantation tools and household furniture to be sold and equally divided amongst my three youngest sons and two youngest daughters, except the sheep, which must be divided as the increase to them that has none. I do also appoint my two sons, Abraham Cocke and Stephen Cocke, to be my Executors of this my last will and testament in writing and do by these presence revoke and disannul and declare void every other will or wills made by me heretofore in writing. And witness whereof, I have set my hands and my seal this fourth day of September in the year of our Lord one thousand eight hundred and three.

James Blane
William Chambert
John Hagwood

From: Montgomery County, Tennessee Wills & Administrations

11   WILLIAM DODD
Will Book A, Page 44
William Dodd, Execution Bond
We, William Dodd, Thomas French and Richard Miles of Montgomery County, Tennessee, are bound to the heirs of Frances Dodd, deceased, in the sum of two thousand dollars, this 24th day of April 1797. The condition of this obligation is such that William Dodd has qualified as Execution to the Last Will and Testament of Frances Dodd. If he performs the duties of an Executor, then the obligation to be void, otherwise to remain in full force.
Test:
B. William Pollock

From: Montgomery County, Tennessee Wills & Administrations

12   ADAM HARMAN, JR.
Will Book A, Page 45
Deed of Gift from Adam Harman, Jr. to Joseph Morgan
I, Adam Harman, Jr., of Montgomery County, Tennessee for and in consideration of the natural affection which I bear toward in Joseph Morgan, son of Isaac Morgan, and for other good causes and considerations, give to him the following property, to wit, one bay mare and her colt and six head of cattle, being in the possession of his father, Isaac Morgan, this 6th day of April 1810.
Attest:
W. McKennie
Richard Humphreys

From: Clarksville Weekly Chronicle

13   L.S. HOUSE
September 5,1856--The estate of L.S. House, deceased, has been declared insolvent.

From: Montgomery County, Tennessee Wills & Administrations

14   MICHAEL BLACK
Will Book S., Page 51
Made November 23,1888 -- Proven August term 1891
Wife: Mary Black; Daughters: Polly Baggett - her children, Fanny Bell, Sarah, and her son; Becky Hayes and her four children; Matilda Castleberry; Martha Black; Elizabeth Black. Land go to wife�s heirs, they are to pay Irem Black�s two children; Robert and George Ann Black.

From: Clarksville Weekly Chronicle

15   NOTICE

August 26,1818---Whereas my deceased father left his property to me in trust for the support of my unfortunate brother, John Johnson, who at the time of our father's death, was and still continues to be insane and legally incapable of making contracts...
Signed James Johnson, Jr.
August 15,1818

From: Chancery Court records, Clarksville, Montgomery County, Tennessee

16   DAVIS vs. McCARTY et al.

To the Honorable J.S. Gribble, Chancellor, holding Chancery Court at Clarksville, Tennessee:

The petition of Oliver Davis Jr.; R.L. Black and wife, Arthie Black, citizens of Montgomery County, Tennessee.

-VS-

Mack McCarty and wife, Rebecca McCarty; Gill, Felix, Lewis, John and Hiram Underwood; Turner Mosely and wife, Penina Mosely; George Biggs and wife, Jettie Biggs; _______ Newsom and wife, Rebecca Newsom; Lem Helsom and wife, Missouri Helsom; John Harvey and wife, Alice Harvey; Miss Sallie Harvey, Miss Lottie ____ ; Miss Mary Alongace; Hiram Morgan; George and Dora Carnes; William Broome and wife, Aleutha; Joe, Hezekiah and Rhody Davis; Robert Baggett; Sarah C. Foster and other heirs of Jack Davis, whose names are unknown to complainants; Caroline, John Wilson, Hezekiah Jr., Sterling, Ada, Ida, Olivia, Henry and Anderson Baggett; Dan Black and wife, Mary Martha Black; Mrs. Tempe Davis, widow of Hezekiah Davis Jr.; Will, David, John Mose, Ed, Bailey and Sydney Davis; all residents of Montgomery County, Tennessee, except Turner Mosely and wife Penina Mosely, George Biggs and wife Jettie Biggs, ____ Newsom and wife, Rebecca Newsom, whose residence is to the complainant unknown, and Hezekiah, David and Rhody Davis and Sarah Foster, who are residents of the State of Illinois, and John Wilson Baggett, whose residence is to the complainants unknown.

Of the above named defendants, Dora Carnes, Hezekiah Baggett Jr., Sterling and Olivia Baggett, Bailey and Sydney Davis, are minors under the age of twenty-one years.

The plaintiff, Oliver Davis Jr., is the purchaser of the interests of his father, Oliver Davis Sr., and Ben Davis, in the tract of land hereafter described.

Complainants would respectfully show to the Court that Hezekiah Davis Sr. died testate in Montgomery County, Tennessee, on the ______day of ____, 1877.

The will of said Hezekiah Davis, Sr. was admitted to probate in the County Court of the said County, on October 5th, 1877, is of record in Book R, pages 28-29, and is as follows:-

In the name of God, amen. I, Hezekiah Davis, of Montgomery County, State of Tennessee, being of sound mind and disposing memory, do make, constitute and establish this my last will and testament, revoking all others.

Item 1st. My will and wish is, at my death, that my body be neatly buried and my burial and funeral expenses be paid by my executor, whom I shall hereafter appoint, out of the first money coming into his hands, belonging to my estate.

Item 2. My will and wish is that all my just debts be paid, if I should leave any due at my death.

Item 3. I give and bequeath to my son, Hezekiah Davis, Jr., the home place (being about one hundred and twenty acres) with the buildings and improvements thereon. This bequest is, however, on the condition that my said son, Hezekiah, shall suitably and comfortably provide for and support his mother during the remainder of her natural life. If he assent to this condition of this Will within sixty days after my death, then this bequest shall be in full force to him, his heirs and lawful representatives, and this bequest shall be his full share of my estate. If he declines to make such provision for his mother, this item shall be of no effect, but he shall then share in the estate on the same terms as my other children, as hereafter set out.

Item 4. I leave to my beloved wife, Rebecca Davis, during her natural life, all the remainder of my lands and appurtenances, and request of her that she let my children and grandchildren that are living on said land, still live on it by their paying her such rent as she may charge them. I further loan her all my household and kitchen furniture, plantation or farming utensils, and stock of every description that may belong to my estate after my debts are paid, or so much as she may stand in need of, any species of property she may not need can be sold by my executor and the proceeds paid to my children or their lawful representatives.

Item 5. My will and wish is, that at the death of my wife, Rebecca Davis, the said land and all other property loaned her on hand at her death shall be sold or divided among my children or their lawful representatives, to have and hold forever. if my son Hezekiah accepts the bequests and trust set forth in item third of this Will, he and his representatives shall not participate in the distribution provided for in this item, the bequest of the home place to him, his heirs and representatives forever, being accepted by him in full as his share in my estate, and compensation for his care of his mother for the remainder of his and her life.

Item 6. I appoint my esteemed friend, Josiah Baggett Jr., son of Esquire A. Baggett (deceased), as executor to carry out this, my will.

The said Will was duly witnessed and admitted to probate, - and on the record of its probate further appears this entry:-

"I, Hezekiah Davis Junior, do this, the 5th day of October, 1877, in open court, assent to the provisions of my father's, Hezekiah Davis Dr.'s, last Will and particularly that portion relative to myself. Witness, Hezekiah his X mark Davis Acknowledged in open court, this October 5th, 1877.
Peter O'Neal, Clerk.

Certified copy of said Will will be produced at the hearing, if required, and same is asked to be taken as a part of this bill, as Exhibit "A" thereto, but not to be copied.

All the personal property of the testator was given to his wife, Mrs. Rebecca Davis, during her life, after the payment of any debts he might owe, as will be seen by reference to the said Will. This personal property was all exhausted during the lifetime of the said Mrs. Rebecca Davis, or in the payment of testator's debts, since none of it remained.

Testator died seized and possessed of a tract of land containing two hundred and forty acres, lying in the eighteenth civil district of Montgomery County, Tennessee, bounded as follows:-

On the North by the lands of Underwood, James Davis, and Z. Baggett; on the South by the lands of O. Davis Sr., and Mrs. Biter; and on the East by the lands of Bill Lyle, Alex Davis and O. Davis; and on the West by the lands of McCarty and John Baggett.

A plat of said land is herewith filed and made a part of this petition, marked Exhibit "A", but not to be copied.

In his said Will the testator gave to his son, Hezekiah Davis Jr., what was known as the Home Place, the site of the dwelling house and the 120 acres of land immediately around it, with the conditions attached that he should furnish a home and support for his mother during the remainder of her life; that he should be given sixty days after the death of the testator in which to accept the provisions of the Will; and, with the further provision that he should not further share in the division of the balance of testator's land.

The provisions of the Will of the said Hezekiah Davis Jr., in open court, accepted on the 5th day of October 1877, as appears of record on said Book "R" - page 29.

The balance of testator's land he gave to his wife, Mrs. Rebecca Davis, during her natural life, and provided that at her death it should be divided among his children, or their heirs and representatives, except his said son Hezekiah Davis Jr., who should not participate in said division. The said Mrs. Rebecca Davis died some few years since, about six.

The said home place and the balance of the land belonging to the testator constitute one body of land, and were all the land owned by the testator.

Complainants state that they and the defendants, (children and heirs at law of said children of the said Hezekiah Davis Sr.) are tenants in common in said land with the said Mrs. Tempe Davis, wife of the said son, Hezekiah Davis Jr., who is now dead, and his children and heirs at law, Will, David, John Mose, Ed, Bailey, and Sydney Davis.

They would further state that said land is only adapted to farming purposes, and that constitutes its only value; that it cannot be divided in kind, on account of the great number of heirs, and the character of the land; and that it is manifestly to the interest of all the parties to have a sale for division, after the one hundred and twenty acres attached to the homeplace are cut off and allotted to the heirs of Hezekiah Davis Jr.

They show that there has never been a division of the property under the Will of said Hezekiah Davis Sr., but the whole of the land has been left together.

They are advised they have the right to come into this Court for the purpose of having the land given to the heirs of Hezekiah Davis Jr., cut off and allotted to them, and the balance partitioned, as to the Court seems best. None of the minors mentioned in the caption has any regular guardian. Complainants have made diligent search and inquiry for the heirs of Jack Davis, other than those mentioned in the caption, but have been unable to find their names or places of residence; and as to the parties mentioned in the caption of the bill whose residences have been stated to be unknown to the complainants, complainants have made search and inquiry, but have been unable to find their places of residence.

Premises considered, complainants pray that the parties named as defendant here to be made such by service of copy and subpoena for the resident defendants, publication according to law for the non-residents and those whose places of residence are unknown, and publication according to the provisions of the law for the unknown heirs of Jack Davis, set out above; that guardian ad litem be appointed for the minor defendants, to answer and defend this suit for them; that all the defendants, to answer and defend this suit for them; that all the defendants answer, but not on oath, that being waived; that at a hearing the Court order set aside to the heirs of Hezekiah Davis Jr., the one hundred and twenty acres of land constituting the home place; and decree a partition of the remaining lands among the parties entitled thereto, either in kind or by a sale for that purpose as to the Court seems best; that to these ends the Court make all necessary orders and decrees. and have such surveys made as shall be necessary; and that complainants have all such other, further, and general relief, as to the court they shall seem entitled at the hearing.

F.D. Daniel,
Solicitor

Personally appeared before me, C.E. Staton, Deputy of the Circuit Court for the said State and County, Oliver Davis Jr., who made oath that he is one of the complainants above, and that the facts stated in the foregoing are true and to the best of his knowledge, information and belief.

(signed O.L. Davis)

We are sureties for costs (signed P.D. Daniel, W.M. Daniel, Jr.)

From: Montgomery County, Tennessee Will & Administrations

17   SAMUEL TARRANT

Will Book A. Page 14
Will of Samuel Tarrant deceased

In the name of God, amen. I Samuel Tarrant of Montgomery County, being very weak and sick in body, but of sound and perfect mind and memory. Calling to mind the mortality of my body and knowing it is appointed for all men once to die, do make and ordain this my Last Will & Testament. That is to say principality and first of all, I recommend my soul to God almighty and my body to be buried in a decent Christian manner at the discretion of my executors and touching such worldly goods, wherewith it hath pleased God to bless me, I will and bequeath the same in the following manner and form, viz, I will give and bequeath to my beloved wife, Nancy Tarrant her riding saddle and a negro girl named Sall during her natural lifetime and a third part of all my personal estate after being sold, and after her death, the negro with all her increase, to return to my son, Edward Hampton Tarrant. Also, one third part of two tracts of land when divided between Elizabeth Hampton to myself during her widowhood; the one in South Carolina on the South Packolet River; the other in North Carolina on Muddy Creek; and all the residue to my estate, I give to and bequeath unto my son, Edward Hampton Tarrant as soon as he arrives to full age. Lastly, I nominate and appoint Nancy Tarrant, Joseph B. Neville, Ephraim Keesee, my whole and sole executors and executrix of this my last will and testament, ratifying, revoking and disannulling and disallowing all other wills and legacies, Bequests by me in any wise hereto after made or bequeathed, ratifying and confirming this and no other to be my Last Will and Testament. In witness whereof, I have set my hand and affixed my seal this 7th day of December in the year of our Lord one thousand seven hundred and ninety six.
Test:
Thomas P. Earl

John Neville



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